Introduction This is part-2 of a two-part article that attempts to show why the 93rd Amendment of the Indian Constitution, that inserted Article 15(5), is discriminatory and against Constitutional principles. The first part shows the origins of Article 15(1) and explains how its intent was to have an over-arching principle of non-discrimination across all provisions,... Continue Reading →
The Intent Behind Article 15(1)
This is part-1 of a two-part article that attempts to show why the 93rd Amendment of the Indian Constitution, that inserted Article 15(5), is ultra vires (of the Constitution, of course). In this first part, the reasoning provided by the makers of the Constitution in creating Article 15(1) will be detailed. In the second part,... Continue Reading →
The Narasimha Yajna of Bhimasena
It was the seventeenth day of the great war — the bhubhaaraharana kaarya of Sri Krishna was in full swing — ably assisted by the five Pandavas — and of course Ashwatthama. Karna had defeated Yudhisthira pretty badly, and the elder Pandava had to return to his camp to recover from the injuries, after being rescued by Bhimasena. Bhima sent Arjuna... Continue Reading →
Agnipariksha is on; Rama shall soon reunite with Sita!
The erudite Sri @upanishadist has written a wonderful post on the ongoing Rama Janma Bhoomi issue, asking if Sri Rama shall return to his home at last. It is a very moving, emotional piece. Although a far lesser mortal, I too felt compelled to write a few words on this issue. Not because it is... Continue Reading →
Pejawara Swamiji’s demand: Is it pro, or anti, Dalit?
A few days back, in the Dharma Sansad at Udupi, Sri Pejawara Swamiji asked for changes to the Constitution to ensure the majority community got the same constitutional benefits as the minority. Swamiji’s intention was in highlighting the lack of equal rights in running educational institutions vide Article 30(1). However, some organizations and media outlets... Continue Reading →
Constitution Day: Five Reforms We Hope to See
The 26th of November is celebrated every year, since 2015, as the ‘Constitution Day’. On this occasion, here is a short post on 5 changes that, IMHO, would make the Constitution truly secular and republic. Equality under Article 30 Expand the scope of Article 30(1) and make it applicable to all, agnostic of religious or... Continue Reading →
The Source Document(s) for Article 30(1)
Introduction In a previous article, we had seen how the initial Draft versions of the Indian Constitution prepared by Dr K M Munshi had guaranteed a very different form of educational rights to its citizens. It was based on the Polish Treaty of World War I and proposed explicit, and equal, educational rights to all... Continue Reading →
SC Medical Colleges Case: Reasonable Grounds for Fear of Bias?
A lot many articles have been written in the past week or so on the developments in the Supreme Court of India with regard to the petition by CJAR seeking the constitution of an SIT to monitor an investigation into a medical college scam. Two excellent articles that must be read in this regard are... Continue Reading →
RTE – Destroying Hindu Run Schools
Link to a presentation, prepared by us, giving comprehensive information about #Core1 and RTE, tracing its genesis from the formation of the Constitution to the various case laws and analysing its effects as of today.
Attempts at Core1 Prior to the Debates in the Constituent Assembly
Introduction Before proceeding further with this article, it would be better if the following two articles are read, and their context understood. The initial version of Article 30(1) proposed by one of the key members of the Constituent Assembly Experts Committee The modifications that happened to (the eventual) Article 30(1) before it was officially included as... Continue Reading →